Legal notices for the week of Jan. 3 - Jan. 9, 2014

 ______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Timothy W. Mostella, a married man and wife, Tamela Jones, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for United Wholesale Mortgage, on the 10th day of March, 2004, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Document Number M-2004-0979; the undersigned Everbank, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on February 24, 2014, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot numbered five (5), in Block Three (3), in Woodland Park Addition to Gadsden according to map or plat thereof recorded in Plat Book E Page 105, in the Office of the Judge of Probate of Etowah County, Alabama, and lying and being in Gadsden (formerly Alabama City), Etowah County, Alabama.

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

Everbank, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

310188

Dec 20, 27, 2013 & Jan 3, 2014

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Marcia Mitchell, unmarried woman, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Integrity Mortgage LLC, on the 19th day of June, 2007, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument number 3273412; said mortgage having subsequently been transferred and assigned to Everbank, by instrument recorded in Instrument Number 3371797, in the aforesaid Probate Office; the undersigned Everbank, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on February 10, 2014, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Six (6) in the rearrangement of Lots Number Five (5)-Eight (8), Fourteen (14)-Seventeen (17) and Twenty-One (21)-Twenty-six (26) in the Tanglewood Subdivision, Unit One as recorded in Plat Book H, Page 56; said rearrangement recorded in Plat Book H Page 109 Probate Office, Etowah County, Alabama lying and being in Hokes Bluff, Alabama.

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

Everbank, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

296982

Dec 20, 27, 2013 & Jan 3, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Dee Watson, to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Taylor Mortgage Inc., dated May 7, 2010, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, as Instrument Number 3331795.  Said mortgage was subsequently sold, assigned and transferred to WELLS FARGO BANK, NA. Under and by virtue of the power of sale contained in said mortgage, the undersigned, WELLS FARGO BANK, NA, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on February 19, 2014, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Commence at an existing ¾” pipe at the Northeast corner of the NW ¼ of the NW 1/4 , Section 1, T-12-S, R-5-East of the Huntsville Meridian, Etowah County, Alabama and run S 78° 48` 51” W, 166.64 feet to the point of beginning of the property described herein; thence run N 59° 45` 32” W, 146.49 feet to a point; thence run S 78° 22` 20” W, 258.76 feet to a point; thence run S 06° 57` 59” E, 80.91 feet to a point on the Northeasterly R/W of Scenic Drive (60` R/W); thence run the following chord bearings and distances alone said R/W, S 68° 36` 22” E, 50.78 feet; S 62° 21` 39” E, 56.25 feet; S 48° 58` 09” E, 72.57 feet and S 36° 29` 31” E, 41.08 feet to a point; thence run N 42° 18` 36” E, leaving said R/W, 187.86 feet to a point; thence run N 56° 15` 58” E, 81.12 feet to the point of beginning.  Said property being a portion of the NW ¼ of the NW ¼, Section 1, T-12-S and the SW 1/4, Section 36, T-11-S, R-5-E, Etowah County, Alabama, and contains 1.19 acres (more or less).

There is a 20.00 feet water line easement to the above described property, the centerline being more particularly described as follows:  Commence at an existing ¾” pipe at the Northeast corner of the NW ¼ of the NW 1/4, Section 1, T-12-S, R-5-East of Huntsville Meridian, Etowah County, Alabama and run S 78° 49` 51” W, 166.64 feet to a point; thence run N 59° 45` 32” W, 33.26 feet to the point of beginning of said centerline; thence run the following chord bearings and distances along said centerline, N 51° 53` 39” E, 91.75 feet; S 85° 25` 01” E, 166.87 feet; N 10° 53` 14” W, 247.55 feet; N 00° 47` 09” W, 35.42 feet; N 17° 10` 52” E, 30.21 feet; N 05° 45` 08” E, 34.33 feet; N 03° 34` 21” W, 106.98 feet; N 13° 51` 34” E, 101.07 feet; N 05° 59` 38” W, 118.37 feet; N 11° 38` 45” W, 103.19 feet; N 04° 18` 19” E, 64.52 feet; N 21° 50` 03” E, 186.08 feet; N 18° 41` 03” E, 186.08 feet and N 37° 38` 46” E, 85.25 feet to the Southwest R/W of Robinwood Road (60` R/W) and the end of said easement.

Property Street Address: 523 Scenic Drive, Gadsden, AL 35904-1017 (provided for informational purposes only)

Said property will be sold “AS IS”.  Said property will be sold subject to the right of redemption of all parties entitled thereto. NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE AS TO THE TITLE OF SAID PROPERTY. Said property is subject to any title deficiencies including but not limited to: any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Mortgage first set out above.  

The debt secured by said Mortgage has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Mortgage. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Mortgage and by Alabama law. This sale is subject to postponement or cancellation. 

Wells Fargo Bank, NA

Mortgagee or Transferee

David Sigler

Attorney for Mortgagee or Transferee

Morris Hardwick Schneider, LLC

1 Independence Plaza

Suite 416

Birmingham, AL 35209

http://foreclosure.closingsource.net

AL-90001960-13

Dec 20, 27, 2013 & Jan 3, 2014

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage dated September 2, 2005, executed by James R. Martin and Tammi L. Martin, husband and wife, to Mortgage Electronic Registration Systems, Inc. solely as nominee for Countrywide Home Loans, Inc., which mortgage was recorded on September 13, 2005, in Document Number M-2005-3865, of the mortgage records in the Office of the Judge of Probate of Etowah County, Alabama, which mortgage was, duly transferred and assigned to Green Tree Servicing LLC, notice is hereby given that pursuant to law and the power of sale contained in said mortgage, the undersigned will sell at public outcry, to the highest bidder for cash, in front of the Main entrance to the Etowah County Courthouse at Gadsden, Alabama, during the legal hours of sale on January 21, 2014, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number Twelve (12) in Short Creek Estates Subdivision to Etowah County, Alabama, as recorded in Plat Book I, Page 136, Probate Office, Etowah County, Alabama. 

This sale is made for the purpose of paying the indebtedness secured by said mortgage as well as expenses of foreclosure.

Green Tree Servicing LLC

Transferee

Robert J. Wermuth/cls

Stephens Millirons, P.C.

P.O. Box 307

Huntsville, Alabama  35804

Attorney for Mortgagee

Dec 20, 27, 2013 & Jan 3, 2014

______________

MORTGAGE

FORECLOSURE SALE

Whereas, default having been made in the payment of the indebtedness secured by that certain mortgage executed by Melissa Moore and Terry Mitchell to 1st Franklin Financial Corporation on the 22nd day of December, 2010, said mortgage being recorded at Instrument #3343241, Mortgage Records, Office of the Judge of Probate of Etowah County, Alabama, and the undersigned, by reason of such default, having declared the entire remaining indebtedness secured by said mortgage to be immediately due and payable, and said mortgage subject to foreclosure, and such default continuing, notice is hereby given, that acting under the power of sale contained in said mortgage, the undersigned, Dana L. Rice, will sell at public outcry to the highest bidder for cash in front of the Courthouse door in Gadsden, Etowah County, Alabama, during the legal hours of sale on the 13th day of January, 2014, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot Number Eleven (11), in Block Ten (10) in the Interurban Land Company’s First Addition to Gadsden, Alabama, as same appears in the Office of the Probate Judge, Etowah County, Alabama, in Plat Book “B”, Page 206, subject to all restrictions, reservations, rights, easements, rights-of-way, provisions, covenants, terms, conditions and building set back lines of record.  Address: 1424 Kyle Avenue, Gadsden, AL  35901.  Tax Map or Parcel ID No.: 31-15-03-05-2-000-014.000.  Subject property is located in Etowah County.

Said sale will be made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.  The sale will be subject to the rights of redemption by those parties entitled to redeem under the laws of the State of Alabama.

1st Franklin Financial Corporation

BY: /s/Dana L. Rice

Dana L. Rice, Its Attorney

Dana L. Rice, L.L.C.

P. O. Box 8345

Gadsden, Alabama 35902

(256) 546-0611

Dec 20, 27, 2013 & Jan 3, 2013

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Stephanie L. Rakestraw, an unmarried woman, to Metro Bank, on March 8, 2006, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Book 3315, Page 55; and subsequently transferred to Mortgage Electronic Registration Systems, Inc.; and subsequently transferred and to CitiMortgage, Inc.; CitiMortgage, Inc., under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on January 29, 2014, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lots 1, 2, 3, 4, 5, 6, 7 and 8 in Block 4 of Pineview Subdivision to Boaz, Alabama, according to the Plat as the same appears of Record in Plat Book 3, Page 108, Probate Office, Marshall County, Alabama; Lying and being in the city of Boaz, Marshall County, Alabama.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

CitiMortgage, Inc.

Transferee

Jauregui & Lindsey, LLC

2110 Devereux Circle

Birmingham, AL 35243

205-988-8888

Dec 27, 2013, Jan 3 & 10, 2014

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MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Jerry Bone and Leasil Bone, husband and wife, to Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Bank of America, N.A., on the 5th day of September, 2009, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument Number 3320415; said mortgage having subsequently been transferred and assigned to Federal National Mortgage Association, by instrument recorded in Instrument Number 3378357, in the aforesaid Probate Office; the undersigned Federal National Mortgage Association, as Mortgagee/Transferee, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse at Gadsden, Etowah County, Alabama, on February 10, 2014, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

All that tract or parcel of land being described as Lots 4 and 5, Block 1 of Mountain Brow Estates; lying in Section 18, Township 11 South, Range 6 East; Etowah County, State of Alabama.

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expenses of foreclosure.

The Mortgagee/Transferee reserves the right to bid for and purchase the real estate and to credit its purchase price against the expenses of sale and the indebtedness secured by the real estate.

This sale is subject to postponement or cancellation.

Federal National Mortgage Association, Mortgagee/Transferee

Rebecca Redmond

SIROTE & PERMUTT, P.C.

P. O. Box 55727

Birmingham, AL  35255-5727

Attorney for Mortgagee/Transferee

www.sirote.com/foreclosures

294227

Jan 3, 10 & 17, 2014

______________MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Vickey Pettit, An unmarried woman, to Ameriquest Mortgage Company, on February 16, 2004, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number M-2004-0906; and subsequently transferred to DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R3, and said assignment being re-recorded at MISCELLANEOUS Instrument Number 3393928; DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R3, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on January 29, 2014, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

Lot Number 26, in Lake View Estates, according to the Map or Plat thereof recorded in Plat Book “J”, at Page 121, Probate Office, Etowah County, Alabama.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR AMERIQUEST MORTGAGE SECURITIES INC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2004-R3

Transferee

Jauregui & Lindsey, LLC

2110 Devereux Circle

Birmingham, AL 35243

205-988-8888

Jan 3, 10 & 17, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Betty Alexander A/K/A Betty Adams Alexander, a Widow, to Argent Mortgage Company, LLC, on October 26, 2004, said mortgage being recorded in the Office of the Judge of Probate of Etowah County, Alabama, at Instrument Number M-2004-4994; and subsequently transferred to Wells Fargo Bank, National Association, as Trustee for Park Place Securities, Inc. Asset-Backed Pass-Through Certificates Series 2005-WCH1; Wells Fargo Bank, National Association, as Trustee for Park Place Securities, Inc. Asset-Backed Pass-Through Certificates Series 2005-WCH1, under and by virtue of the power of sale contained in said mortgage, will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Etowah County Courthouse, in Gadsden, Alabama, on January 29, 2014, during the legal hours of sale, the following described real estate, situated in Etowah County, Alabama, to-wit:

A lot or parcel of land described as beginning at a point in the Northeast line of the Jacksonville Road, sometimes known as the Jacksonville and Fitts Ferry Road, as the Southwest corner of that certain lot conveyed by Eunice Vineyard and Husband Vineyard , to Tressie M. Waters, and Husband, William Franklin Water, by deed dated the 2nd day of December, 1959, and recorded in Book 754, Page 1, Probate Office, Etowah County, Alabama, and from thence run in a Northeasterly direction in a direct line to the Southeast corner of that certain lot conveyed by Eunice Vineyard , and Husband, Travis Vineyard, to Tressie M. Waters, and Husband, William Franklin Waters, by deed dated the 7th day of September, 1957, and recorded in Book 673, Page 461, said Probate Office; thence in a Northerly direction and along the east line of the last waters lot herein referred to, a distance of 100 feet to a point in the south line of that certain tract conveyed by Travis Vineyard, and wife, Eunice Vineyard, to Christine Mount, by deed dated 14th June, 1952, and recorded in Book 518, page 473, said probate office; thence in an easterly direction and along the south line of said mount lot to the Northwest corner of that certain lot conveyed by Travis Vineyard and wife, Eunice Vineyard to Ira Phillip Mizell, by Deed dated 4th day 1957, and recorded in book 663, page 33, said probate office; thence in a southerly direction and along the west line of said Mizell lot a distance of 300 feet, more or less, to a point in the south line of the NE ¼ of the NW ¼ of the SE ¼; thence in a Westerly direction and along the south line of said NW ¼ of the NW ¼ of the SE ¼ to a point in the Northeast line of said Jacksonville road; thence in a Northwesterly direction and along the Northeast line of said road to the point of beginning, said description embracing a portion of the Northwest quarter of the Northwest quarter of the southeast quarter in section 11, Township 21 South, Range 7 East of Huntsville Meridian, in Hokes Bluff, Etowah County, Alabama, subject to the rights of the Alabama Power Company as described in Instruments Recorded in Book 5 Y, Page 89,; 6 D, Page 579; Book 365, Page 397, and Book 7 F, Page 372, all of said books being in the Probate Office, Etowah County, Alabama. Subject to easements, reservations, restrictions, and rights of way of record.

This sale is made for the purpose of paying the indebtedness secured by said mortgage, as well as the expense of foreclosure.

Wells Fargo Bank, National Association, as Trustee for Park Place Securities, Inc. Asset-Backed Pass-Through Certificates Series 2005-WCH1

Transferee

Jauregui & Lindsey, LLC

2110 Devereux Circle

Birmingham, AL 35243

205-988-8888

Jan 3, 10 & 17, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by that certain mortgage executed by Tracy L. Crowe, an unmarried woman, to The Gasden Corporation , dated January 27, 1999, said mortgage recorded in the Office of the Judge of Probate of Etowah County, Alabama, in Book 1999, Page 28 as Instrument Number M-1999-0393.  Said mortgage was subsequently sold, assigned and transferred to WELLS FARGO BANK, N.A.. Under and by virtue of the power of sale contained in said mortgage, the undersigned, WELLS FARGO BANK, N.A., will sell at public outcry to the highest bidder for cash, in front of the main entrance of the Courthouse in the City of Gadsden, Etowah County, Alabama on January 22, 2014, during the legal hours of sale, all of its right, title, and interest in and to the following described real estate, situated in Etowah County, Alabama, to-wit:

Commence at the Northeast corner of the NW ¼ of the Se ¼ Section 26, T-11-S, R-6-East of Huntsville Meridian and run S89˚51`00”W, 553.75 feet to the Western Most R/W of Lay Springs Road (60` R/W); thence deflect left and run S19˚06`00”W, along said R/W, 392.34 feet to the point of beginning of the property described herein; thence run S16˚55`43”W, along said R/W, 95.94 feet to a point; thence deflects right and run N82˚45`02W, leaving said R/W, 68.72 feet to a point; thence deflect left and run S80˚45`58”W 127.94 feet to a point; thence deflect right and run S89˚07`00”E, 231.70 feet to the point of beginning. Said property being a portion of the NW ¼ of the SW ¼, Section 28, T-11-S, R-6-E, Etowah County, Alabama and contains 0.46 acres, more or less. 

The address being 604 Noccalula Drive, Gasden, Alabama 35904. 

Property Street Address: 604 Noccalula Dr, Gadsden, AL 35904-3408 (provided for informational purposes only)

Said property will be sold “AS IS”.  Said property will be sold subject to the right of redemption of all parties entitled thereto. NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, IS MADE AS TO THE TITLE OF SAID PROPERTY. Said property is subject to any title deficiencies including but not limited to: any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Mortgage first set out above.  

The debt secured by said Mortgage has been and is hereby declared due because of, among other possible events of default, failure to pay the indebtedness as and when due and in the manner provided in the Note and Mortgage. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, as provided in said Mortgage and by Alabama law. This sale is subject to postponement or cancellation. 

Wells Fargo Bank, N.A.

Mortgagee or Transferee

David Sigler

Attorney for Mortgagee or Transferee

Morris Hardwick Schneider, LLC

1 Independence Plaza

Suite 416

Birmingham, AL 35209

http://foreclosure.closingsource.net

AL-90001759-13

Jan 3, 10 & 17, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness described in and secured by that certain mortgage executed by Matthew Daron Holderfield and Sara Amberg Holderfield, husband and wife, as Mortgagor(s) to Mortgage Electronic Registration Systems, Inc., acting solely as nominee for TMG Real Estate and Financial Services, LLC D/B/A First Omni Mortgage Lending , as Mortgagee, dated the 10th day of July, 2009, and recorded in Instrument #3316884, et seq. of the records in the Office of the Judge of Probate Court of Etowah County, Alabama; said mortgage being lastly assigned to Bank of America, N.A. by instrument recorded in said Probate Court records; said default continuing, notice is hereby given that the under¬signed will, under and by virtue of the power of sale contained in said mortgage sell at public outcry for cash to the highest bidder during legal hours of sale, on the 30th day of January, 2014, in the city of Gadsden, at the Front Door of the Court House of Etowah County, Alabama, the following described real property situated in the County of Etowah, State of Alabama, to-wit:

All that certain lot or parcel of land situate in the County of Etowah, State of Alabama, said being more particularly described as follows:

A tract or parcel of land located in the NW1/4 of the SW1/4, Section 12, Township 10 South, Range 5 East, Huntsville Meridian, Etowah County, Alabama, and more particularly described as follows:

Commence at a railroad spike at the southwest corner of said Section 12; thence N 01 degree 46 minutes 08 seconds W 1331.26 feet along the west line of said Section 12 to an iron previously set (this iron and all irons hereafter referred to as  “previously set” are 5/8 inch diameter steel rods with red plastic cap stamped BDH-RLS AL 9792) at the southwest corner of said NW1/4 of SW1/4; thence S 88 degrees 27minutes18 seconds E 1076.17 feet along the south line of said NW1/4 of SW1/4 to an iron set (this iron and all irons hereafter referred to as  “set” are 5/8 inch diameter steel rods with red plastic cap stamped AL.GEO.INC CA-0223-LS); thence N 01 degree 42 minutes 39 seconds W 225.00 feet to an iron set, the point of beginning, passing an iron set at 45.00 feet; thence continue N 01 degree 42 minutes39 seconds W 180.00 feet to an iron set; thence S 88 degrees 27 minutes 18 seconds E 260.00 feet to an iron set in Smith Chapel Road, a 60 foot county road; thence S 01 degrees 42 minutes 39 seconds E 180.00 feet to an iron set; thence N 88 degree 27 minutes 18 seconds W 260.00 feet to the point of beginning. SUBJECT TO the right-of-way for Smith Chapel Road, a 60 foot county road, along

the east line of said property. 

THIS PROPERTY WILL BE SOLD ON AN “AS IS, WHERE IS” BASIS, SUBJECT TO ANY EASEMENTS, ENCUMBRANCES, RESERVATIONS AND EXCEPTIONS REFLECTED IN THE MORTGAGE AND/OR THOSE CONTAINED IN THE RECORDS OF THE OFFICE OF THE JUDGE OF PROBATE OF THE COUNTY WHERE THE ABOVE-DESCRIBED PROPERTY IS SITUATED.  THIS PROPERTY WILL BE SOLD WITHOUT WARRANTY OR RECOURSE, EXPRESSED OR IMPLIED AS TO TITLE, USE AND/OR ENJOYMENT AND WILL BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION OF ALL PARTIES ENTITLED THERETO.

                                                                                                            

Said sale will be made for the purpose of paying said indebtedness and the expenses incident to this sale, including a reasonable attorney’s fee, and the other purposes set out in said mortgage.

Bank of America, N.A.

Holder of said Mortgage

Goodman G. Ledyard

PIERCE LEDYARD, P.C

Attorneys for Mortgagee

Post Office Box 161389

Mobile, Alabama  36616

(251) 338-1300

Jan 3, 10 & 17, 2014

______________

MORTGAGE

FORECLOSURE SALE

Default having been made in the payment of the indebtedness secured by mortgage executed by David McWhorter and wife, Kimberly McWhorter to G & M Homes, LLC, dated February 8, 2012, and filed for record in the Office of the Judge of Probate of Etowah County, Alabama, in Instrument # 3362132; the undersigned mortgage owner, G & M Homes, LLC, has elected to declare the entire indebtedness secured by said mortgage due and payable as provided in the terms of said mortgage, and acting under and by virtue of the power and authority given by said mortgage, will on the 30th day of December, 2013, during the legal hours of sale, sell at public outcry to the highest bidder for cash in front of the courthouse door, City of Gadsden, Etowah County, Alabama, the following described real estate situated in Etowah County, Alabama, to-wit:

Lot 24 as shown on the map of Windy Hills Subdivision as recorded in Plat Book “H”, Page 135, Probate Office, Etowah County, Alabama.

The proceeds of said sale will be used, expended and applied in accordance with the terms of said mortgage.

G & M Homes, LLC

Mortgage Owner

COPELAND LAW FIRM, LLP

Attorneys for owner 

This foreclosure has been postponed until January 21, 2014.

This the 31st day of December, 2013.

Jan 3, 2014

______________

NOTICE TO

FILE CLAIMS

J. BRYAN ECHOLS, appointed Personal Representative (s) on December 10, 2013, Estate of JOHN ELLIOTT, JR., deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 20, 27, 2013 & Jan 3, 2014

______________

NOTICE TO

FILE CLAIMS

TAMMY BOLES, appointed Personal Representative (s) on November 25, 2013, Estate of BRENDA MCCLELLAN, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 20, 27, 2013 & Jan 3, 2014

______________

NOTICE TO

FILE CLAIMS

DOROTHY MALONE CATTLING, appointed Personal Representative (s) on October 30, 2013, Estate of OSCAR J. CATTLING, JR, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 20, 27, 2013 & Jan 3, 2014

______________

NOTICE TO

FILE CLAIMS

ZAMBIA RICHEA PLAYER, appointed Personal Representative (s) on December 5, 2013, Estate of JABARI PLAYER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 20, 27, 2013 & Jan 3, 2014

______________

NOTICE TO

FILE CLAIMS

ANTHONY SCOTT NOAH, appointed Personal Representative (s) on December 13, 2013, Estate of BILLY SPANN NOAH, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Dec 27, 2013, Jan 3 & 10, 2014

______________

NOTICE TO

FILE CLAIMS

LYNN H. GILCHRIST and REBECCA H. LOTT, appointed Personal Representative (s) on December 19, 2013, Estate of LILY S. HIGDON, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 3, 10 & 17, 2014

______________

NOTICE TO

FILE CLAIMS

DEBRA WARREN VINYARD (DEBRA JOHNSON), appointed Personal Representative (s) on December 5, 2013, Estate of RUBY CLONINGER WARREN, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 3, 10 & 17, 2014

______________

NOTICE TO

FILE CLAIMS

DANIEL KATHERINE TALLY AND TODD HINDSMAN, appointed Personal Representative (s) on December 17, 2013, Estate of N. A. (BUDDY) BUTLER, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 3, 10 & 17, 2014

______________

NOTICE TO

FILE CLAIMS

FELICIA D. BRYANT, appointed Personal Representative (s) on December 26, 2013, Estate of JEFFREY HUGH BRYANT, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 3, 10 & 17, 2014

______________

NOTICE TO

FILE CLAIMS

BOBBY LEE JONES, II, appointed Personal Representative (s) on December 11, 2013, Estate of CAROLYN BATTLES JONES, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 3, 10 & 17, 2014

______________

NOTICE TO

FILE CLAIMS

BARRY C. NORMAN, appointed Personal Representative (s) on December 6, 2013, Estate of BOBBY JACK NORMAN, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 3, 10 & 17, 2014

______________

NOTICE TO

FILE CLAIMS

STANLEY C. PARRISH, appointed Personal Representative (s) on November 14, 2013, Estate of WILLIAM EARL PARRISH, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 3, 10 & 17, 2014

______________

NOTICE TO

FILE CLAIMS

DEBRA WARREN VINYARD (DEBRA JOHNSON), appointed Personal Representative (s) on December 5, 2013, Estate of RAY WARREN, deceased, Probate Court of Etowah County, Alabama notifies all persons that claims not filed within six months will be barred.

Bobby M. Junkins

Judge of Probate

Jan 3, 10 & 17, 2014

______________

NOTICE OF

PUBLIC

HEARING

 

Notice is hereby given to STATE of ALABAMA, P.O. Box 327210, Montgomery, AL. 36132, and CHADWICK LEON QUINN and KIMBERLY DAWN QUINN,  believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, JAUNARY 14TH at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at # 8 Lakefront Ave. in District 6 in the City of Gadsden, more particularly described as:

That certain parcel of land with all the buildings and improvements thereon, being designated as Lot Number 105, Parcel Number 4,  as shown on the map of property of Cone Mills Corporation, Dwight Division recorded in Plat Book “F”, Page 51-65, in the Office of the Judge of Probate of Etowah County, Alabama 

is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.

Brian Harbison

BUILDING OFFICIAL

City of Gadsden

P.O. Box 267

Gadsden, AL  35902 

(256) 549-4529

Jan 3, 2014

______________

NOTICE OF

PUBLIC

HEARING

Notice is hereby given to heirs of BASIL LEE DAVIS, which includes CHARLOTTE DAVIS, CYNTHIA DAVIS, BECKY TATE and VICKY DAN DAVIS, believed to have or claim an interest in the property described below, that at a regular meeting of the Council of the City of Gadsden to be held in the Council Chamber at City Hall on TUESDAY, JANUARY 14TH at 11:00 a.m., a hearing will be held to determine whether or not the structure or condition located at 500 HENDERSON ST.  in District 6 in the City of Gadsden, more particularly described as: 

Lot Number Nine (9) in Block Number (20) in Walnut Park, or West Point Second Addition, according to the map or plat thereof recorded in Plat Book “B”, Page 117, Probate Office, Etowah County, Alabama, and lying and being in Gadsden, Etowah County, Alabama

 is a nuisance in  violation  of  the Gadsden City Code and whether it should be abated.  You may appear and present any relevant evidence to the Council regarding the alleged nuisance and its abatement.

Brian Harbison

BUILDING OFFICIAL

City of Gadsden

P.O. Box 267

Gadsden, AL  35902

(256) 549-4529

Jan 3, 2014

______________

LEGAL NOTICE

NOTICE TO: John Green, Calvin Marbury, and/or Occupants of 112 North 21st Street, Gadsden, AL 35903.

A complaint has been filed in the Circuit Court of Etowah County, Alabama, styled 1st Franklin Financial Corporation, Plaintiff v. John Green and Calvin Marbury, Defendants, bearing case # 31-CV2013-900784-WAM, to eject the defendants and/or occupants of property located at 112 North 21st Street, Gadsden, AL 35903, and to place plaintiff in rightful possession thereof.

If defendants wish to contest this action, they must file a written answer within thirty (30) days from the date of service with the Circuit Clerk of Etowah County, Alabama, with a copy of said answer being served upon Dana L. Rice, Attorney for Plaintiff, at P. O. Box 8345, Gadsden, AL 35902, or thereafter a judgment by default may be entered against said defendant.

W. Allen Millican 

Circuit Judge

Dec 13, 20, 27, 2013, Jan 3, 2014

______________

LEGAL NOTICE

McCartney Construction Company, Inc. hereby gives notice of completion of contract with the State of Alabama for construction of Project No. HRRR-2800(213) in Etowah County. This notice will appear for four consecutive weeks beginning on December 20, 2013 and ending on January 10, 2014. All claims should be filed at McCartney Construction Company, Inc. 331 Albert Rains Boulevard, Gadsden, Alabama 35901 during this period.

McCartney Construction Company, Inc.

Dec 20, 27, 2013, Jan 3 & 10, 2014

______________

NOTICE OF

DIVORCE

ACTION

Patricia Leighann Hollis Mitchell, whose whereabouts are unknown, just answer the Complaint for Divorce of Jerrod Ray Mitchell, by answering said petition, 30 days from the date of the last publication or thereafter a judgment/order by default may be rendered against her in Civil Action No.: DR-2013-900488, Circuit Court of Etowah County, Alabama.

Cassandra Johnson

Circuit Clerk

Dec 27, 2013, Jan 3, 10 & 17, 2014

______________

NOTICE OF

PUBLICATION

IN THE PROBATE COURT OF ETOWAH COUNTY, ALABAMA

CASE NO. S-7761

IN THE MATTER OF THE CHANGE OF NAME OF: BRANTLEY CRUZ HUTCHENS TO BRANTLEY CRUS SANTOS

TO: JOSHUA TYLER HUTCHENS, Please take notice that a Petition for Change of name of the minor child born to Laci Nicole Santos on or about the 22nd day of November, 2011, has been filed in said Court and that a hearing on said Petition has been set for the 23rd day of January, 2014 at 10:30 a.m. before the Probate Court of Etowah County. Please be advised that if you intend to contest the Petition, you must filed a written response with the attorney for the Petitioner named below and with the Clerk of the Probate Court, Etowah County, Alabama as soon as possible but no later than thirty (30) days from the last day this notice is published. 

Richard A. Rhea

Attorney for Petitioner

930 Forrest Avenue

Gadsden, AL 35901

256-547-6801

Bobby M. Junkins

Judge of Probate

Dec 20, 27, 2013, Jan 3 & 10, 2014

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on February 3, 2014 for charges due.

2012 Mazda 6 VIN# 1YVHZ8 DH5C5M 24430

2013 Dodge Challenger VIN# 2C3CDY BT8DH7 00135

2011 Chevy Equinox LT VIN# 2GNALP EC4B11 96479

2013 Nissan Versas VIN# 3N1CN7A P6DL8 19254

2004 Jeep Liberty VIN# 1J4FK48 1X4WZ1 6752

2008 Chevy Impala VIN# 2G1WB58 K3812 29160

2006 Infiniti G35 VIN# 2JNKCV54 E36M7 22631

2007 Chrysler 300 VIN# 2C3KA 53G57H7 67641

2006 Ford 500 SE VIN# 1FAPP23 136G12 0161

2011 Dodge Challenger VIN# 2B3CJ5D T5BH56 4898

2007 Dodge Magnum VIN# 2D4FV47 T17H6 10565

2008 Infiniti FX35 VIN#JNRAS0 8U38X1 04717

2010 Toyota Camry VIN# 4T1BF3E KXAU53 4691

2009 Nissan Altima VIN# 1N4AL21 E99N 442878

Olympic Auto LLC

161 Dexter Circle

Madison, AL 36757

Dec 27 & Jan 3, 2014

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on February 3, 2014 for charges due.

2006 Ford Explorer VIN# EFMEU6 4EX6UB 64551

Velez Auto Sales

5277 US Hwy 431

Albertville, AL 35950

Dec 27 & Jan 3, 2014

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on February 3, 2014 for charges due.

2001 Chrysler PT Cruise VIN# 3C4FY4 BB71T5 97192

Rainbow Wrecker Service

2000 Rainbow Dr.

Gadsden, AL 35901

Dec 27 & Jan 3, 2014

______________

NOTICE OF

VEHICLE

POSSESSION

Notice is hereby given that the undersigned will proceed to take possession of the following described abandoned vehicle on February 3, 2014 for charges due.

2005 Ford Focus VIN# 3FAFP  37N35R 141697

Ronnie Teel

5211 Gilmer Ln

Rainbow City, AL 35906

Dec 27 & Jan 3, 2014

 
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